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Employee Incentive Agreement Template for Australia

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Key Requirements PROMPT example:

Employee Incentive Agreement

"I need an Employee Incentive Agreement for a tech startup in Sydney, offering performance-based share options to senior developers with a 3-year vesting period starting March 2025, including good/bad leaver provisions and change of control clauses."

Document background
The Employee Incentive Agreement is a crucial document for Australian businesses seeking to attract, retain, and motivate key talent through performance-based compensation. This agreement is commonly used when companies want to align employee interests with organizational goals by offering various forms of incentives such as shares, options, or performance rights. The document must comply with Australian corporate law, particularly the Corporations Act 2001 and relevant ASIC class orders, while addressing tax implications under the Income Tax Assessment Act. It's particularly valuable for growing companies and listed entities that want to implement formal incentive structures while ensuring regulatory compliance and protecting both employer and employee interests. The agreement typically includes comprehensive details about grant conditions, vesting schedules, performance criteria, and exercise procedures.
Suggested Sections

1. Parties: Identifies the employer entity and the eligible employee

2. Background: Sets out the context of the agreement and the purpose of the incentive scheme

3. Definitions and Interpretation: Defines key terms used throughout the agreement and interpretation rules

4. Eligibility and Participation: Specifies who is eligible to participate and conditions for continued participation

5. Grant of Incentives: Details the type, quantity, and terms of incentives being offered

6. Vesting Conditions: Outlines the conditions that must be met for incentives to vest

7. Exercise of Rights: Describes how and when vested incentives can be exercised

8. Restrictions and Limitations: Sets out any dealing restrictions, holding locks, or other limitations

9. Tax Obligations: Addresses tax implications and responsibilities of both parties

10. Termination Provisions: Details what happens to incentives upon various types of employment termination

11. Confidentiality: Specifies confidentiality obligations regarding the agreement and scheme

12. General Provisions: Contains standard boilerplate clauses including governing law, notices, and amendments

Optional Sections

1. Performance Conditions: Include when incentives are tied to specific performance metrics or KPIs

2. Malus and Clawback: Include for senior executives or when required by regulatory requirements

3. Change of Control Provisions: Include for listed companies or when corporate transactions are likely

4. Good Leaver/Bad Leaver Provisions: Include when different treatment of incentives is desired based on reason for employment termination

5. Shareholders Rights: Include when incentives involve actual shares or voting rights

6. Non-Competition Provisions: Include when protecting company interests through restraint of trade is necessary

7. International Provisions: Include when employee may be working across multiple jurisdictions

Suggested Schedules

1. Schedule 1 - Incentive Terms: Detailed terms and conditions specific to each type of incentive

2. Schedule 2 - Vesting Schedule: Detailed timeline and conditions for vesting of incentives

3. Schedule 3 - Performance Metrics: Detailed description of performance conditions and calculation methodologies

4. Schedule 4 - Award Notice Template: Template for formal notice of incentive grants

5. Schedule 5 - Exercise Notice Template: Template for exercising vested incentives

6. Appendix A - Tax Summary: Summary of tax implications and treatment of incentives

7. Appendix B - Compliance Requirements: Summary of regulatory compliance requirements and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Technology

Financial Services

Professional Services

Mining and Resources

Healthcare

Retail

Manufacturing

Telecommunications

Real Estate

Construction

Education

Media and Entertainment

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Sales

Engineering

Research and Development

Product Development

Operations

Business Development

Information Technology

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Senior Executive

Department Manager

Team Leader

Senior Developer

Sales Director

Key Account Manager

Technical Lead

Research Scientist

Product Manager

Senior Consultant

Project Manager

Business Development Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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